Gilbane Building Co./TDX Construction v St. Paul Fire and Marine Insurance Company et al.

Motion No: M-5243

Slip Opinion No: 2016 NYSlipOp 96097(U)

Decided on December 22, 2016

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

December 22, 2016

Gilbane Building Co./TDX Construction

Corp., et al.,

Plaintiffs-Respondents,

v

St. Paul Fire and Marine Insurance

Company, et al.,

Defendants,

Liberty Insurance Underwriters,

Defendant-Appellant.

- - - - - - - - - - - - - - -

Greenwich Insurance Company,

Amicus Curiae.

Plaintiffs-respondents having moved for reargument

of, or in the alternative, for leave to appeal to the Court of Appeals, from the decision and order of this Court, entered on September 15, 2016 (Appeal No. 884), Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion, to the extent it seeks reargument, is denied. So much of the motion which seeks leave to appeal to the Court of Appeals is granted, and this Court, pursuant to CPLR 5713, certifies that the following question

of law, decisive of the correctness of its determination, has arisen, which in its opinion ought to be reviewed by the Court

of Appeals: "Was the order of this Court, which reversed the Order of the Supreme Court, properly made?" This Court further certifies that its determination was made as a matter of law and not in the exercise of discretion. ENTERED: December 22, 2016

_____________________ DEPUTY CLERK

Present: Hon. John W. Sweeny, Jr., Justice Presiding, Diane T. Renwick David B. Saxe Judith J. Gische Marcy L. Kahn, Justices

M-5243

Index No. 653199/11